(a) To obtain a positive use determination, the pollution control property must be used, constructed, acquired, or installed wholly or partly to meet the requirements of a permit issued by the commission. In addition, pollution control property must meet the following conditions:
- (1) property must have been constructed, acquired, or installed after January 1, 1994.
- (2) land must include only the portion of the land acquired after January 1, 1994, that actually contains pollution control property.
- (3) it must be funded out of the operations and maintenance funds under TTC, §26.012(16).
- (b) The executive director shall determine the portion of the pollution control property eligible for a positive use determination.
Source Note:The provisions of this §18.5 adopted to be effective February 7, 2008, 33 TexReg 943.